Kjoring med promille (?)

[janis83]

Please I need help. Unfortunately I got a totally stupid situation because, I am not in Norway for so long and I do not fully know the legislation, because in my country there is no prohibition to be in the car under intoxication. This rule was not observed by me here in Norway due to my lack of knowledge. Police found me sitting in the car, when I was totally drank. But I would like to pint out, that I had no intention to go/drive anywhere by car. On old man called to police and said that he seems I draw by car, but it is not so. Police comes after 3 minutes and found that I was sitting in the car, but not drive. Now Police said that I lost my driving licence at least for 2 years. L Please someone could give phone number for good but not expensive lawyer? Maybe some law student can help me. I have some questions relevant with case but I have not anyone who can help me. I really hope for your understanding.

[vesleengen]

as long as you had over 0,2% alcohol in you blood and you where sitting in the drivers seat, it still counts as drunk driving in Norway

[janis83]

as long as you had over 0,2% alcohol in you blood and you where sitting in the drivers seat, it still counts as drunk driving in Norway

 

Ok. But my cars engine didn't working and I have not imobilaizer (anti-steel chip) without which it is impossible drive...

What I suppose to do -go to Politi and said – I drove? I was already, and said I was in car, but not drive. Policemen answered that’s mean my case go to court, and that is not so good form me, better if I said I drove. Is it so?

[srbz]

(note that I have no legal competence)

 

I suppose the Norwegian police usually tries to avoid court because it is a comprehensive process, and both the police's and the court system's capacity is as always quite limited. If I were you, I would contact a lawyer or legal aid for better advice.

 

I found the site http://www.rettshjelp.no/ (Norwegian), that charges NOK 590 per hour for online legal aid. I don't know whether that's a reasonable price for such a service. To help you find a local lawyer or legal aid, we will need to know which city you reside in.

[tor_erik]

Legal advice might help, but it does not help the fact that you have broken Norwegian law by sitting in the driver's seat while drinking. If anything, you should approach this as a misunderstanding. Explain that you were not aware of this somewhat odd (do not use that word ) rule, as it is perfectly legal to drink while sitting in the driver's seat in your home country. Also explain that you had no intention of going driving anywhere, as the ignition was not on. I reckon that driving while drunk is prohibited in your home country as well.

 

Best of luck. Unfortunately, I still think you will lose your driver's licence.

[janis83]

Hi! Tnx a lot for your comments. Some minutes ago, I got a phone call from politi office. He said that he will send my case to my town politi office. And I can ask to get temporary my driving licence back.

Uh. I don't understad - what happens. Because when I was in politi he said, I have no chance to get back temporary my driving licence.

Where can I find some norwegian who can help me, and call to politti and ask all questions what I have? Maybe someone know some interpreter whit some expierience in law? I can pay for it!

[Ciryaher]

Legal advice might help, but it does not help the fact that you have broken Norwegian law by sitting in the driver's seat while drinking.

 

Where is this written? Only driving and attempt to drive is mentioned in the law. If janis83 can prove that the car isn't able to drive, I would think his case is quite strong. As far as I know you're driving the second you're in the drivers seat with the engine running.. Is there a more spesific rule somewhere?

 

janis83: Have you told that to the police, or did I get your second post in this thread wrong?

[tor_erik]

Legal advice might help, but it does not help the fact that you have broken Norwegian law by sitting in the driver's seat while drinking.

 

Where is this written? Only driving and attempt to drive is mentioned in the law. If janis83 can prove that the car isn't able to drive, I would think his case is quite strong. As far as I know you're driving the second you're in the drivers seat with the engine running.. Is there a more spesific rule somewhere?

Sitting in the driver's seat while drinking have previously been interpreted as an attempt to drive. As far as I know, the engine does not have to be running. Unfortunately I am unable to find links to similar cases, but at least it seems that "vesleengen" shares my impression. As long as the car was working properly, which I must assume, janis83 will have problems proving that the car was not able to drive.

 

If someone can refer to more specific rules, please do.

[Ciryaher]

All I could find was this:

§ 22. Alkoholpåvirkning av motorvognfører.

 

Ingen må føre eller forsøke å føre motorvogn når han er påvirket av alkohol (ikke edru) eller annet berusende eller bedøvende middel. Har han større alkoholkonsentrasjon i blodet enn 0,2 promille eller en alkoholmengde i kroppen som kan føre til så stor alkoholkonsentrasjon i blodet, eller større alkoholkonsentrasjon i utåndingsluften enn 0,1 milligram per liter luft, regnes han i alle tilfeller for påvirket av alkohol (ikke edru) i forhold til bestemmelsene i denne lov. Villfarelse med hensyn til alkoholkonsentrasjonens størrelse fritar ikke for straff.

 

Is only use of the drivers seat important here?

[Inge Rognmo]

All I could find was this:

§ 22. Alkoholpåvirkning av motorvognfører.

 

Ingen må føre eller forsøke å føre motorvogn når han er påvirket av alkohol (ikke edru) eller annet berusende eller bedøvende middel. Har han større alkoholkonsentrasjon i blodet enn 0,2 promille eller en alkoholmengde i kroppen som kan føre til så stor alkoholkonsentrasjon i blodet, eller større alkoholkonsentrasjon i utåndingsluften enn 0,1 milligram per liter luft, regnes han i alle tilfeller for påvirket av alkohol (ikke edru) i forhold til bestemmelsene i denne lov. Villfarelse med hensyn til alkoholkonsentrasjonens størrelse fritar ikke for straff.

 

Is only use of the drivers seat important here?

 

It all boils down to the definition of "føre eller forsøke å føre motorvogn" (translation: driving or attempting to drive a motorized vehicle).. It is perfectly possible to drive without the engine running, or even without the key in the ignition; just loosening the handbrake could be enough. But, does merely sitting in the drivers seat with no intent of moving the vehicle, engine running or not, qualify as attempting to drive? I think not, but that is for the lawyers and court to decide.

[Ciryaher]

It is also possible to "drive" a car without sitting in it, so I think janis83 should contact the police to get a clearly statement of what he is charged for. Sitting in the card while drinking differs from drinking and driving. It would be interesting to know what happened and what the police is saying.

 

As Inge Rognmo said, the attempt to move the vehicle should be of importance here.

[krikkert]

Sadly, for those of us with reasonable minds, sitting in the driver's seat while intoxicated is equivalent to driving. This is because, while the engine may not be running, you are effectively in control of the vehicle (you have access to the steering wheel, hand brake, et cetera) -- you would ordinarily have no problems getting the vehicle moving should you wish to. For that reason, it is equivalent to drunk driving.

 

Arguing the case that you are unfamiliar with Norwegian laws regarding DUI will be hard. The basic legal principle is that ignorance of the law only excuses your actions if the ignorance itself is totally excusable.

[MRN]

Ok. But my cars engine didn't working and I have not imobilaizer (anti-steel chip) without which it is impossible drive...

What I suppose to do -go to Politi and said – I drove? I was already, and said I was in car, but not drive. Policemen answered that’s mean my case go to court, and that is not so good form me, better if I said I drove. Is it so?

Med working så mener han "i gang" (noe som ikke er det samme som working->norsk)?

 

I så fall, så er han på tynn is. Da har alt som dere smartinger sagt hittil, (alle juss-folk er smarte) rett.

 

Vanlige folk er uenige i det, men det er nå så...

[Andre1980]

I can reffer you to this case, wich was in the local newspaper the other day:

 

http://www.aftenbladet.no/lokalt/stavanger...arte_bilen.html

 

This guy (actually from my street!) went out in his car to get a pack of sigarettes he had in a compartement in front of the gear-leve, and accidentally put the gear in neutral... The car started rolling. He didn't have the keys on him.

 

This resulted in 15 days conditional jailtime (hjelp meg her... hva er betinget fengsel på engelsk?), a ticket for 5000 kroner, and the loss of drivers license for one year.

[tor_erik]

This case confirms that sitting in the driver's seat while drinking is equivalent to drinking while driving. The best chance for janis83 is undoubtfully to claim that his ignorance is excusable, due to this being perfectly legal in his home country.

 

Best of luck.

[Henrik C]

Am I the only one dying to know which country Janis is from?

If driving under influence is legal and socially accepted, I will NEVER go there.

[tor_erik]

Am I the only one dying to know which country Janis is from?

If driving under influence is legal and socially accepted, I will NEVER go there.

As far as I understand him, drinking and driving are not legal in his country either. However, just sitting in the driver's seat drinking, while the engine is not running, is legal. Am I correct?

[Henrik C]

Of course, I just skimmed through and didn't catch that.

[vesleengen]

Am I the only one dying to know which country Janis is from?

If driving under influence is legal and socially accepted, I will NEVER go there.

 

 

betting that he is Polish..

[Penny]

Janis is a common Latvian name.